What can be done if a developer does not meet the terms & conditions he has agreed upon in the agreement signed?

Question asked by Mr. Rahul from Bangalore:
Dear Vatsala,
First of all thank you for your time, I got to know about your website through my friend and I would like to have your advise about one thing .I was about to book a flat in Bangalore and paid him 1,00,000 Rs since he did not agree to give document for us to have it checked with out advance . He also agreed that he will return money if we decide not to go a head with his flat .Yes he did mentioned that he will deduct 10 % .He also gave receipt and which was agreed by us too
Now after getting the documents checked we decided not to buy his flat and asked our money back .Its been 2 months and he is always asking time .He always promise to return but never does.
I need your help in knowing how do we go about this .
Warm Regards
Rahul
Bangalore
Vatsala Answers:
You should send a legal notice for recovery of money. You can then file a simple money suit or you could try to get a criminal case filed for cheating, misappropriation or criminal breach of trust, but this course of action should be taken after studying the case and after a criminal lawyer studies the merits of the case.
Vatsala

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